Food fight starting over lunch rules

The concerns are finding friendly ears. Members of Congress in both parties and chambers say they are interested in giving schools more flexibility.

Sen. John Hoeven (R-N.D.) has expressed interest in easing requirements that call for three rounds of reductions in sodium to be implemented between 2014 and 2022, for example.

“They can achieve the July 1, 2014, reduction in sodium levels, but then there are two more sodium reductions after that, and I think that clearly needs some work,” Hoeven said. “And there will probably be more areas where I can help.”

“We’re all about making sure the kids are healthy — that they eat in a healthy way — but we have to work on it in a way where you have that local control and flexibility.”

Rep. Marcia Fudge (D-Ohio), who introduced the School Nutrition Flexibility Act with Stivers, is also pushing for the expansion of a pilot program that would allow schools to serve frozen fruit and vegetable snacks instead of only fresh produce. It’s a priority for groups like the American Frozen Food Institute that believe it would help cut costs, especially in states where access to fresh produce all year is difficult.

Cost is similarly the driving force behind a bill introduced by Rep. Kristi Noem (R-S.D.) that would allow schools to opt out of implementing the updated standards if it’s leading to increased costs.

“I’m hoping that the spirit of the law — eating healthier — is maintained, but the [Healthy Hunger-Free Kids Act] can be too restrictive for schools.”

The food industry also has a lot at stake in the reauthorization.

Manufacturers have been reformulating their products to meet the new standards and don’t want to mess too much with parts of the law that already have been implemented. But they are planning to target the second and third round of sodium reductions.

“Industry is in full support of the regulations in terms of the message itself — more nutritious food for our kids in the cafeteria,” said Gary Vonck, vice president of the education division for KeyImpact, a food-service sales and marketing agency. “Our concern comes with the complexity of the regulations. There’s a certain amount of sodium that’s needed to process food. There’s a lot of talk about made from scratch, but that’s not feasible.”

“We are looking for common-sense tweaks.”

The fact that sodium levels in retail foods will stay the same while those in school lunches decline poses an extra challenge, especially when plate waste has become a concern with about 1 million fewer students choosing school lunches since the new standards went into effect.

“Kids come in and they say the school food flavor sucks because they consider flavor to be sodium,” said Leslie Fowler, director of Nutrition Supports Services for Chicago Public Schools, a district that has been more accepting of the new regulations.“It’s almost like you’re creating two food class systems.”

Major advocates of the new standards — who worked closely with the administration and the first lady’s staff — are also making the rounds on Capitol Hill and encouraging members to pass a clean reauthorization keeping the Healthy Hunger-Free Kids Act intact.

“It’s going to be too late to delay the rules even though there has been some pushback from school food service directors and conservatives on the hill,” said Margo Wootan, director of nutrition policy at the Center for Science in the Public Interest. “There’s a lot of good work under way. Recommendations for waivers and delays are premature.”

“There are a handful of schools that are having more trouble than others. The answer to that isn’t to opt out but to get them the technical assistance they need.”

Wootan said she would be meeting with White House staff to figure out the administration’s priorities for the reauthorization, but she thinks it will mostly be playing defense.

“Kids complaining about school lunch isn’t news. A lot of kids don’t like math, but the answer isn’t to stop teaching math.”

Certain sectors within the food industry that have benefited from the new standards will also be pushing Congress to preserve the legislation.

“We were very pleased with the Healthy Hunger-Free Kids Act in 2010. Quite frankly, it was very positive for fruits and vegetables,” said Robert Guenther, senior vice president of public policy for United Fresh, a fresh produce industry trade association. “It doubled daily requirement of fruits and vegetables for 32 million children.”

“There’s already bills out there designed to roll back provisions. We are in protective mode right now. We want to see the Healthy Hunger-Free Kids Act maintained.”